HBA-RBT, NMO H.B. 3812 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3812
By: Morrison
Natural Resources
4/26/1999
Committee Report (Amended)


BACKGROUND AND PURPOSE

Currently, there are no regulations limiting the amount of water pumped
from the Gulf Coast aquifer (aquifer) located under Victoria County.
Recent studies have indicated that the City of Victoria, which resources
all of its water from the aquifer, is depleting the aquifer rapidly.   To
protect current and future economic growth, and municipal, agricultural,
and industrial water users, the city and county of Victoria have requested
the formation of a groundwater conservation district.  H.B. 3812 creates
the Victoria County Groundwater Conservation District, upon confirmation
election.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates the Victoria County Groundwater Conservation
District (district) in Victoria County, subject to approval at a
confirmation election.  Provides that the district is created under Section
59, Article XVI, Texas Constitution.  Provides that the district is a
governmental agency and a body politic and corporate.   

SECTION 2.  DEFINITIONS.  Defines "district" and "board."  

SECTION 3.  FINDING OF BENEFIT.  Sets forth findings of benefit.

SECTION 4.  BOUNDARIES.  Provides the boundaries of the district are
coextensive with the boundaries of Victoria County. 

SECTION 5.  POWERS.  Provides that the district, except to the extent of
any conflict with this Act or as specifically limited by this Act, is
governed by and subject to Chapter 36 (Groundwater Conservation Districts),
Water Code, and authorizes the district to exercise all of the powers
contained in this chapter, including the power to issue bonds and levy and
collect taxes and the power of eminent domain.   

SECTION 6.  TEMPORARY DIRECTORS.  Sets forth the composition of the
temporary board of directors.  Sets forth the method for appointing a
temporary director, if a current temporary member has not qualified.
Requires the temporary directors to select from their members a chair, vice
chair, and secretary.  Sets forth qualifications for temporary directors. 

SECTION  7.  CONFIRMATION ELECTION.  Requires the temporary board of
directors to call and hold an election to confirm establishment of the
district.  Provides that Section 41.001(a), Election Code (Uniform Election
Dates), does not apply to a confirmation election held as provided by this
section.  Sets forth election procedures for the  creation of the district. 

SECTION 8.  INITIAL DIRECTORS.  Provides that the temporary directors
become the initial directors of the district, if creation of the district
is confirmed.  Sets forth conditions regarding the temporary directors
serving as initial directors.  

SECTION 9.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of seven  directors.  Requires the board to select from its members
a chair, vice chair, and secretary. Establishes qualifications and the
process for filling a vacancy or upon expiration of a director's term or a
vacancy in the office of director.  Sets forth conditions of length of
service for temporary, initial, and permanent directors.     

SECTION 10.  LIMITATION ON TAXATION.  Prohibits the district from imposing
an ad valorem tax that exceeds the rate of two cents on each $100 valuation
of taxable property in the district. 

SECTION 11.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

SECTION 12.  Emergency clause.
                         Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Renames the proposed Victoria County Groundwater Conservation District as
the Crossroads Groundwater Conservation District.  Provides that this Act
expires if the district is not confirmed before the second, rather than
fourth, anniversary of the Act's effective date.